#47513
Jimmy-T
Keymaster

    Perhaps the first stage is to write to the chair and/or strata manager saying something like:

    “It is with considerable regret that your failure to take seriously our intolerable situation caused by the illegal flooring in unit X means I now have to take action at Fair Trading and NCAT to remedy the problem.

    “This committee had the opportunity to fix this problem right at the start and refused to do anything. As a result of your inaction, I now have no choice but to seek mediation at Fair Trading with a view to pursuing orders under section 232(2) of the Strata Schemes Management Act requiring the committee to seek the reinstatement of properly insulated flooring in the aforementioned unit.”

    And then apply for mediation.  Mediation is partly an opportunity to resolve the problem without resorting to the Tribunal, but it is also a mandatory prerequisite for applications for (most) orders at the Tribunal.

    By the way, do your by-laws have any mention of flooring or any kind of noise or nuisance?

     

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